Antitrust and Trade Regulation Commons^™

The Union Renewable Energy Financing Mechanism In The Regulation On The Governance Of The Energy Union And Climate Action – Analysis Of Legislative Proposal And The Current Version Of The Legal Provision, Anna Mathews

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The subject of this article is the analysis of one of the solutions presented in the Regulation on the Governance of the Energy Union and Climate Action (hereinafter: the Regulation) – the so-called Union renewable energy financing mechanism (in the proposal for the Regulation – the RES financing platform). Presented in the article are the most important resolutions of the Regulation (i.a. introduction of numerous reporting requirements). Stressed is also the purpose of the Regulation – to equip the European Commission (EC) in instruments allowing it to meet EU requirements of climate and energy for 2030 (binding at EU level) …

The Legal Structure Of A Landscape Audit, Katarzyna Szlachetko

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of this article is to present the legal structure of a landscape audit, which is a specialist institution for the protection of the landscape. A legal institution is a set of legal norms which are related in the material, formal or purposeful sense. Each institution is shaped by the characteristic connection of norms that create its legal structure, referred to as the ‘guiding idea’ determining the construction of the institution of law. The article presents the issues of a landscape audit from the perspective of its territorial scope, content, rules of drawing up, role in the spatial planning …

The Elephant In The Market Power Debate, Ramsi Woodcock

Law Faculty Popular Media

Profits are the ultimate sign of market power. But for the past 40 years, economists and antitrust practitioners have disparaged the measurement of profit margins as unreliable. That needs to change, and new scholarship showing rising margins across the economy is leading the way.

Legislation Covering Business-To-Business Unfair Trading Practices In The Food Supply Chain In Central And Eastern European Countries, Anna Piszcz (Red.), Adam Jasser (Red.)

Monografie CARS/CARS Monographs

CARS właśnie opublikował obszerny przegląd regulacji dotyczących przeciwdziałaniu nieuczciwym praktykom w relacjach handlowych w sektorze rolnym w krajach Europy centralnej. Tom „Legislation Covering Business-to-business Unfair Trading Practices in the Food Supply Chain in Central and Eastern European Countries" jest efektem pracy międzynarodowego zespołu badawczego zorganizowanego przez CARS z udziałem badaczy i praktyków prawa konkurencji z ośmiu krajów regionu.

Has Regulation Affected The High Frequency Trading Market?, Kevin O'Connell

Catholic University Journal of Law and Technology

As technology rapidly advances society, there are a few industries that have not been drastically impacted by disruptive technology. The financial markets are no different. Over the past ten years, algorithmic trading has quickly revolutionized the financial markets and continues to dominate an industry that for many years remained largely uninfluenced by society’s technological advances. Algorithmic trading is “a type of trading done with the use of mathematical formulas” and market data “run by powerful computers” to execute trades. One of the most commonly used platforms of algorithmic trading is high frequency trading. High frequency trading (“HFT”) uses a computerized …

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

Student Scholarship

Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through

deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare.

This article covers significant developments under federal and Texas antitrust laws and consumer protection laws …

The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari

Faculty Publications

Imagine a future in which every purchase decision is as complex as choosing a mobile phone. What will ongoing service cost? Is it compatible with other devices you use? Can you move data and applications across de- vices? Can you switch providers? These are just some of the questions one must consider when a product is “tethered” or persistently linked to the seller. The Internet of Things, but more broadly, consumer products with embedded software, are already tethered. While tethered products bring the benefits of connection, they also carry its pathologies. As sellers blend hardware and software—as well as product …

Tribal Sovereign Immunity As A Defense At The Patent Trial And Appeal Board? Or A Violation Of U.S. Antitrust Laws?, Samantha Roth

Marquette Intellectual Property Law Review

This Comment will address two primary issues. First, it will analyze the basis of sovereign immunity rights of tribes, with a focus on the relationship between intellectual property rights and sovereignty. Second, it will discuss whether this arrangement violates the antitrust laws of the United States. This Comment concludes that even if a claim of tribal sovereign immunity is legitimate, it is likely that such an arrangement still violates the relevant antitrust claims.

Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie

Marquette Intellectual Property Law Review

This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.

Protecting Wisconsinites From Trolls: The Federal Circuit's "Bad Faith" Preemption And Its Restrictive Effect, Andrew Salomone

Marquette Intellectual Property Law Review

In this comment, I use Wis. Stat. Ann. § 100.197 (“Wisconsin’s anti-PAE statute”) to demonstrate the significant degree to which the Federal Circuit’s current preemption regime restricts states’ abilities to regulate the behavior of PAEs. In Part II, I summarize Wisconsin’s legislative response to PAEs. In Part III, I contrast the Federal Circuit’s preemption doctrine and the Supreme Court’s doctrine as it relates to state laws similar to anti-PAE statutes. Paying particular attention to Wisconsin’s patent notification statute, I provide a brief preemption analysis in Part IV. Finally, in Part V, I conclude by arguing that the severe consequences of …

One Chuck, Two Chuck: Analyzing Whether Federally Registered Trademarks Should Be Distinguished From Unregistered, Common-Law Trademarks In The Context Of Converse, Inc. V. International Trade Commission, Mckenzie Subart

Marquette Intellectual Property Law Review

This Comment analyzes which trademark model (the pyramid model or the box model) is a better representation and characterization of trademarks and trademark rights. Under the pyramid model, there is one trademark: both common law rights and federal registration rights attach to this single trademark. For the pyramid model, trademark rights resemble a pyramid because federal registration rights build upon the foundation created by common law rights. Common law rights and federal registration rights are interdependent. Under the box model, there is a common-law trademark and a federal trademark: common law rights attach to the common-law trademark, and federal registration …

Whatever Did Happen To The Antitrust Movement?, Herbert Hovenkamp

Notre Dame Law Review

This Article begins with a historical question about whatever happened to the antitrust movement. The short answer is that antitrust grew up. It ceased to be the stuff of political banners and loose rhetoric and turned into a serious discipline, applying defensible legal and empirical techniques to problems within its range of competence.

The way to repair deficiencies in antitrust law today is not to resort to an undisciplined set of goals that provide no guidance and could do serious harm to the economy. Rather, it is to make ongoing adjustments in our technical rules of antitrust enforcement which reflect …

Valueact Partners And Hart-Scot-Rodino: Ending The Competition Between Investor Interest And Antitrust Law, Amy D'Avella

American University Business Law Review

No abstract provided.

More And More Effectively? (From The Editor-In-Chief), Anna Piszcz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Od redaktor naczelnej.

Predictive Analytics, Daryl Lim

Faculty Scholarly Works

“Predictive Analytics” blends the latest research in behavioral economics with artificial intelligence to address one of the most important legal questions at the heart of intellectual property law and antitrust law – how do courts and agencies make judgments about innovation and competition policies? How can they better predict the consequences of intervention or non-intervention?

The premise of this Article is that we should not continue to build doctrine at the IP-antitrust on theoretical neoclassical assumptions alone but also on the reality of markets using all that AI has to offer us. Behavioral economics and AI do not replace traditional …

Cross-Listing, Corporate Governance And Private Securities Law Enforceinent In Taiwan, Thomas Yenshou Tsai

SJD Dissertations

The regulation of foreign listings have become an increasingly important issue. As issuers can now easily cross borders to gain access to foreign capital markets, jurisdictions have begun to work hard to entice foreign issuers to list on their exchanges. Especially for small markets such as Hong Kong and Taiwan, embracing foreign listings has become the inevitable route in order to boost their capital markets.

This Article is organized as follows: Part II provides an overview of the regulatory regimes of corporate governance for foreign issuers in the United States. and EU-namely, the United Kingdom and Germany, the EU's two …

Nationalizing Trips: An Examination Through Exceptions, 18 J. Marshall Rev. Intell. Prop. L. 285 (2019), Evan Tallmadge

UIC Review of Intellectual Property Law

What should not be patentable? The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) codifies certain categories of subject matter that nations can exclude from patent protection. This Article examines how nations have interpreted these exclusions through an analysis of their national manuals of patent examining procedure and more importantly what explicit exceptions to patentability these countries have listed. The Article proceeds to analyze both the similarities and differences in approaches towards exclusions that attempt to ban the same subject matter from patentability and differences in what countries have chosen to bar from patenting. The Article concludes with an …

Platforms, American Express, And The Problem Of Complexity In Antitrust, Chris Sagers

Law Faculty Articles and Essays

Everything about Ohio v. American Express was wrong and the adoption of “two-sided platform” reasoning into American antitrust law might be one of its worst, most regrettable wrong turns in decades. That is not because the original theoretical model of two-sided interaction has anything wrong with it at all. It is rather that nothing could be gained by incorporating it that could be worth the result in the American Express case itself, or the difficulty that has likely been invited into antitrust litigation. The consequences are hard to predict, but they may be severely limiting to our already moribund antitrust …

Cooperative Enterprise As An Antimonopoly Strategy, Sandeep Vaheesan, Nathan Schneider

Penn State Law Review (2003 - Present)

After decades of neglect, antitrust is once again a topic of public debate. Proponents of reviving antitrust have called for abandoning the narrow consumer welfare objective and embracing a broader set of objectives. One essential element that has been overlooked thus far is the ownership structure of the firm itself. The dominant model of investor-owned business and associated philosophy of shareholder wealth maximization exacerbate the pernicious effects of market power. In contrast, cooperative ownership models can mitigate the effects of monopoly and oligopoly, as well as advance the interests of consumers, workers, small business owners, and citizens. The promotion of …

Antitrust As Speech Control, Hillary Greene, Dennis A. Yao

Faculty Articles and Papers

Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might expect. This Article examines the interface between those regimes while recasting antitrust thinking in terms of speech control.

Our review of the antitrust-First Amendment legal landscape focuses on the role of speech control. It reveals that while First Amendment issues are explicitly addressed relatively infrequently within antitrust decisions that is, in part, because certain …